Jacksonville Defense Attorney and Former Cop Says Staying Home is Best Way to Avoid Search and Seizure

Jacksonville defense attorney and former cop Dale Carson says if police can see you, they can search you. Most Florida drug possession arrests occur because dope smokers are out on the street with their dope where police can see them. If cops find drugs on someone during a search, the person can be charged with a misdemeanor under drug possession laws.

Even though police are supposed to have probable cause to search someone, they can always claim you were acting suspicious. And there is almost always a “Be on the lookout for . . .” (BOLO) alert for someone fitting the description of someone they want to search.

Jacksonville defense attorney Dale Carson and his team have more criminal and investigative experience than any law firm in Florida. If you have been arrested on Florida drug possession charges after being searched by police, call Dale Carson Law at 1-904-355-6777 today.

How to Avoid Being Searched—Jacksonville Defense Attorney Explains

Cops must have a warrant to search your home, except under special circumstances. Therefore staying home is the absolute best way to avoid being searched. The next best strategy is to stay out of sight and do not draw attention to yourself. Don’t look like a criminal, a gangster, a pot smoker or a drug dealer and cops probably won’t bother you. And do not act like you have something to hide—when you see a cop, just keep doing whatever it was you were doing (unless, of course, you were doing something illegal).

If police stop you and question you, simply be polite, respectful, and honest and keep your dignity. Do not act out in any way—especially do not attack, flail or flee. This kind of behavior can lead right to an arrest. In general, follow the tips for avoiding arrest on the What to Do If You Are Arrested page.

Avoiding a search of your car

Vehicle searches are the most common event that turns a routine traffic stop into an arrest. But they require your permission, probable cause or a search warrant, so avoiding one is fairly easy. First, follow the same principles for avoiding a personal search: be polite, respectful and keep your dignity. Do not look or act like a criminal. Here are some additional things you can do to keep your car from being searched:

  • Keep your car neat, clean and in good repair
  • Do not leave pornography, gun magazines, magazines dedicated to drugs like High Times, or any literature with a negative context laying around on the seats
  • Do not smell like booze or marijuana

If police ask to search your car, politely refuse and ask, “Did I do something wrong, officer?” Then tell them you are in a hurry and where you are going—but be truthful. Getting a search warrant for a car can be a pain, so officers are likely to let you go if they do not get your permission to search.

Talk with a Jacksonville Defense Attorney at Dale Carson Law for Free

If you have been searched by police and then charged with a Florida drug possession crime or other charge, do not talk to police. Get an experienced defense attorney to protect your rights under the state’s drug possession laws. A member of the Dale Carson Law team will be happy to talk with you for free. To schedule a free consultation with a Jacksonville defense attorney go to our Free Consults page.

Or call a Jacksonville defense attorney at Dale Carson Law today at 904-355-6777.